Ownership of fruit from trees planted by an usurper on another's land after the owner recovers the land
General Chapter
Al-Mughni
Book of Usurpation
Primary text
The fruit belongs entirely to the owner of the land, whether the usurper harvested the fruit before the owner recovered the land, or the fruit was still on the trees when the owner recovered possession. This is because the fruit is considered the growth (*nama'*) of the tree, which is governed by the possessor's right over the planted item, similar to the branches and leaves. Furthermore, the fruit is considered a growth derived from the principal asset which is judged to belong to the usurper.
Supporting text
The opinion held by Al-Qadi suggests the fruit belongs to the landowner if it is present on the trees when the land is recovered. This view is supported by a narration attributed to Ahmad ibn Hanbal via Ali ibn Sa'id, stating that the growth belongs to the landowner. Al-Qadi further argues that the planter (usurper) is owed reimbursement for the expenses incurred in nurturing the fruit, drawing an analogy between the fruit and standing crops, which belong to the landowner if found intact.